Tejeswani Digal vs State Of Orissa & Ors
2023 Latest Caselaw 436 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               WP(C) NO.5066 OF 2010

            Tejeswani Digal                        ....                Petitioner

                                                             Mr.P.K.Rath, Adv.

                                        -versus-


            State of Orissa & ors.                 ....         Opposite Party(s)

                                                        Mr.S.K.Ghosh, AGA

                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

11.1.2023 Order No.

4. 1. Heard learned counsel for the Parties.

2. This Writ Petition involves a challenge to the order passed in

exercise of power under Section 3(B) of OSATIP (By Scheduled

Tribes) Amendment Regulation, 2000 by the non-Scheduled Tribe.

3. At the threshold a submission is made taking resort to a

Division Bench judgment of this Court in the case of Jami Ramesh

& anr. Vrs. State of Orissa & ors. reported in 2019 (II) OLR-94

holding therein that there is no retrospectivity to the Amendment

Regulation, 2000, inter alia, observing no development taking place

prior to 2000 can be re-opened, that the same covers the case of the

Petitioner and requests for interfering in the impugned order.

// 2 //

4. In the circumstance, for initiation of proceeding in 2009, for

the support of the case law to the case at hand, this Court finds,

initiation of proceeding involved herein becomes bad. As a

consequence, this Court interferes with the order at Annexure-1 and

sets aside the same.

5. In the result, the Writ Petition succeeds.

(Biswanath Rath) Judge M.K.Rout